1. The online service Scotlands Fantasy Golf is offered by Johnston Publishing Ltd. ('the Promoter') whose trading address is Media House, Oundle Road, Woodston, Peterborough, PE2 9QR and run by Silentworld Ltd ('the Company') whose trading office address is at 30 Queens Park Villa, West Drive, Brighton, East Sussex, BN2 0QW and SilentManager (Australia) Pty Ltd. ('the Company') whose trading office address is at Level 6, 275 Alfred Street, North Sydney NSW, 2060 Australia.
2. You can enter a team (your "Team") into the Game through the web sites located at http://www.fantasygolf.scotsman.com ("the Site"). When doing so you will be asked to confirm that you irrevocably agree to these Terms of Use. If you confirm your acceptance of the Terms of Use, you will thereby enter into an agreement with the Promoter and the Company on the terms set out in these Terms of Use, and will be able to enter a Team into the Game and continue to use the Site. If you do not confirm that you agree with these Terms of Use you will be unable to enter a Team or use the Site. Johnston Publishing Terms and Conditions apply to all competitions. These can be found at http://www.johnstonpress.co.uk/jpplc/competition/.
3. Please note that these Terms of Use may be revised and reissued, and the agreement between you and the Promoter and the Company thereby varied, without notice at any time by the Promoter or by the Company updating this posting and you agree that no liability shall attach to the Company or the Promoter and that you have no right to claim any compensation from the Company or the Promoter as a result thereof. You should visit this page regularly to review the current Terms of Use, since your continued use of the Site will be deemed to constitute your irrevocable acceptance of any such revisions. Any such revisions may include extending the Terms of Use to include other terms and conditions applicable to other products or services offered by the Promoter or by the Company from time to time. These Terms of Use were last updated on 30th January 2009.
4. The Promoter and the Company will assume (and by using the Site you will warrant that) if you confirm your acceptance of these Terms of Use you either you have legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). If you are under 18 you need permission of a parent or guardian to plan the game.
5. Playing Scotlands Fantasy Golf game through the web site located at http://www.fantasygolf.scotsman.com (the Game).
5.1 To have a Team you will need to pick 12 players from each of the 12 Categories (Group 1 - 12).
5.2 All users can play the Game for FREE. You may only register one free team per entrant. Anybody believed to have entered more than one team will be disqualified and will not be eligible to win prizes. The Promoter may use their discretion to identify registrants who have entered more than 1 team under different names, email addresses and identities. The Promoter's decision is final and neither the Company or Promoter will enter into any discussion about teams that are disqualified.
5.3 By entering your team you agree to adhere to and be bound by these Terms of Use.
5.4 The Company reserves the right to refuse to accept any entry which, in their opinion, does not comply with the rules and regulations of the competition or which contravenes the spirit of the Game. The Company has an absolute discretion to disqualify any entry, or vary, amend or waive the rules of the competition or terminate the Game at any time and participants agree that no liability shall attach to the Promoter or the Company as a result thereof and that the exercise of such discretion shall not result in any compensation being payable or paid to any participant. It is a condition of entry that all rules are accepted as final and that the competitor agrees to abide by these rules.
5.5 The Company respects the intellectual property rights of others and asks users of the Sites to do the same. The Sites and all materials, characters, logos or other images, and in particular the rules and point structure incorporated by the Company, on the Sites are protected by copyrights or other intellectual property rights. No information may be reproduced in any format without prior written consent from the Company.
5.6 For the purposes of the Game and your use of the Sites our computer record of your entry will be considered to be your entry. We have the right to reject what, in our sole discretion, we consider to be incomplete, inaccurate or corrupted entries. The decision of the Company as to whether an entry is incomplete, inaccurate or corrupted is final.
5.7 The Company is committed to ensuring, as far as reasonably practicable to do so, that its Sites and the Game do not cause offence to anyone using the same. We therefore request that you do not enter a name for your team that may be considered by others to be inappropriate or offensive. A non-exhaustive list of names that may be considered to be inappropriate or offensive are names that are obscene, pornographic, racist, abusive or harassing. We reserve the right to refuse to accept, and may change any team names which we feel, in our sole discretion, are inappropriate or offensive.
5.8 The players included on the player list and their positional classifications have been determined by the Promoter and Company. The Promoter or Company will not enter into any correspondence relating to details of the player list, nor will they accept the inclusion into a team of any player not on the published list. New players will be added to the player list if they come into first team at the discretion of the Promoter and Company.
5.9 Players will score points as follows:
| 1st |
400 |
|
14th |
90 |
| 2nd |
340 |
|
15th |
80 |
| 3rd |
310 |
|
16th |
70 |
| 4th |
290 |
|
17th |
60 |
| 5th |
270 |
|
18th |
50 |
| 6th |
250 |
|
19th |
40 |
| 7th |
230 |
|
20th |
36 |
| 8th |
210 |
|
21st |
30 |
| 9th |
190 |
|
22nd |
26 |
| 10th |
170 |
|
23rd |
20 |
| 11th |
150 |
|
24th |
16 |
| 12th |
130 |
|
25th |
10 |
| 13th |
110 |
|
|
|
Bonus points of +50% will be awarded for certain tournaments as viewed on the upcoming games page.
5.10 The Company will use the latest scores reported by key news agencies to use as the basis of the fantasy scoring criteria. Reversed decisions will not be counted. Points will only be corrected if the initial reporting was incorrect.
5.11 A maximum of 2 transfer is allowed each tournament week. An additional trasfer will be allowed on bonus tournament weeks listed in the upcoming games. Transfers to be given at 12.01(UK TIME) on the 12th March to be used for the first week of the game and then 00:01 on the Tuesday after every tournament. There is a break in the season from the 18th June - 1st July 2008. Weekly transfers will resume again after this from the 7th July. Transfers must be made prior to 17.00 (UK TIME) the day before the event begins to score points for that event. Unused transfers CANNOT be carried over to the following day (for further information please see the game rules section).
5.12 Spring league runs on the 12th March 2009 with the WGC-CA Championship - 18th June 2009 with the US Open . Season break - There will then be a 2 week break and the league will re-open with the summer/ autumn league. You will NOT have to re-register during this period. Your team will be re-set and the transfer window will re- open and you will have to pick your team again. Your team will need to be completed by 17:00 (UK TIME) on the 1st July 2009 to score points for the first tournament of the summer/ autumn league.Summer/ autumn runs from 1st July 2009 with the Open de France ALSTOM - 22nd November 2009 with the Dubai World Championships.
5.13 All teams will score points from the matches played after the teams are selected and received by the transfer deadline stated in the game rules. Time of transfers will be recorded as per the server clock (displayed in the top right hand side of the screen). Player points scored from matches played earlier will not be added. Teams will not score points until they have been submitted.
5.14 The Game is not open to employees of the Promoter or associated companies, their relatives, agents or agents' relatives.
5.15 The overall winner of the Game will be the manager whose Team has accumulated the most points throughout the competition (12th March 2009 - 18th June 2009) for the spring league and (1st July 2008 - 22nd November 2009) summer/ autumn league.
Team of the Week prizes will be allocated per the tournament weeks detailed in the upcoming tournaments. Only one Team of the Week prize may be won per entrant. In the case of a second Team of the Week prize being won the prize will defer to the next eligible entrant.
Team of the Month prizes will be allocated per the tournament months detailed in the upcoming tournaments. Only one Team of the Month prize may be won per entrant. In the case of a second Team of the Month prize being won the prize will defer to the next eligible entrant.
The club league competition will only be entered by clubs who qualify with the minimum number of 10 teams.
The League of Leagues competition will only be entered by mini-leagues who qualify with the minimum number of 5 teams by 23.59 (UK time) on 05/04/09 which is 25 days into the spring league and 23.59 (UK time) on 12/08/09 which is 34 days into the summer/ autumn league of competition starting. All mini-leagues set up, or with the required number of teams achieved after this date do not qualify for entry into the League of Leagues competition.
5.16 Winner(s) will be notified by e-mail within 28 days of winning. In case of a tie the manager that entered their team first will be deemed the winner.
5.17 In case of a tie (in fantasy points) the winner of each position will be determined as the user who submitted their team first.
5.18 The receipt, by you if you are a winner, of any prize is conditional upon compliance by you with any and all laws, rules and regulations including, without limitation, these Terms of Use. It is the responsibility of each individual participating in the Game to ensure that their participation in the Game does not contravene the laws and regulations of the country in which the participant resides. Promoters and Company are not responsible if any participant contravenes local laws and regulations by participating in the Game.
5.19 All prizes are fulfilled by the Promoters and are not the responsibility of the Company. Non-fulfilment of prizes must be taken up with the Promoters, whilst the Company will endeavour to ensure that all prizes are fulfilled within 3 months of the Game completion, the Company cannot be held responsible for non-fulfilment of prizes. Winners agree that neither the Company, the Promoters, its sponsors nor its or their employees shall have any liability in connection with the acceptance or use of any of the prizes.
5.20 Cash alternatives are not available instead of specific prizes. The Promoter and Company reserve the right to substitute any prizes of like value in the event the described prizes, or any portions thereof, are unavailable for any reason whatsoever.
5.21 The Company reserves the right to validate email addresses at any time and the right to remove or suspend from the Game, any Teams found to have an invalid email address. By registering to play the Game you are accepting to receive periodic emails from The Company updating you on your Team's performance.
5.22 Cash alternatives are not available instead of specific prizes. The Promoter and Company reserve the right to substitute any prizes of like value in the event the described prizes, or any portions thereof, are unavailable for any reason whatsoever.
5.23 The Company reserves the right to validate email addresses at any time and the right to remove or suspend from the Game, any Teams found to have an invalid email address. By registering to play the Game you are accepting to receive periodic emails from The Company updating you on your Team's performance.
5.24 The rules and point structure are the Copyright of the the Company. No information may be reproduced in any format without prior written consent from the Company.
5.25 The email address held by the Company should be kept valid at all times. The Company provides a facility to allow users to update their email address at any time. Update emails about the Game will be sent to this email address.
5.26 The reporting and payment of any tax liabilities incurred by participant as a result of this Game are the sole responsibility of the participant.
6. Only the registered user may make transfers (or changes) to his or her team. Anyone found to be managing a team that does not belong to them, on behalf of another game player or without their knowledge, will be removed and not eligible to win prizes.
6.1 You can be Chairman of 3 mini-leagues, however you can only be the 'participant' of a maximum of 10 mini-leagues (including those you Chair). Once you have joined a mini-league you cannot be moved or deleted so choose your leagues carefully!
6.2 Any users that the company feels are not conducting themselves within the game with ‘Good Sporting Conduct’ will be removed from the game. Company's decision is final and the Company will not enter into any discussion about teams that are disqualified.
6.3 Duplicate mini-leagues entered into the League of Leagues will be removed without question. Duplicate mini-leagues constitute a mini-league with the exact same teams entered and as such will NOT be eligible to win prizes as this is considered unsporting conduct. Please note that the Promoter and the Company's decision is final and niether will enter into any discussion about teams that are disqualified.
7.0 Please act responsibly when using the Sites and comply with these Terms of Use and the rules of the Game. It is a condition of entry that all rules and Terms of Use are accepted as final. The Company reserves the right to refuse to accept or disqualify any entry which, in its sole opinion, does not comply with the rules and regulations of the Game or which contravenes the essence of the Game.
7.1 Informative and explanatory information supplied by the Company relating to the Game forms part of the Terms of Use of the Game.
8. Our obligations and the limits on our liability
8.1 The Company agrees to use its reasonable endeavours to maintain the Sites in a fully operating condition and error free. As the Company cannot guarantee that the Sites will always be fully operational or error free it does not accept responsibility for any defects that may exist or for any costs or losses arising from your use of or inability to access the Sites.
8.2 Whilst the Company takes reasonable precautions to ensure that any downloads it makes available will be virus free the Company does not warrant that any downloads will be virus free and will not cause interruptions with your computer systems.
8.3 The Company excludes, to the fullest extent permitted by applicable laws, and save in respect of death or personal injury arising from our negligence, all liability for any claims, losses, demands and damages arising directly or indirectly out of or in any way connected with the use of the Sites or their unavailability. This exclusion shall apply in respect of, without limitation, any interruption of services, lost profits, loss of contracts or business opportunity, loss of data, or any other consequential, incidental, special, or punitive damages arising out of the Sites, even if the Company has been advised of the possibility of such damages, whether arising in contract, tort, under statute or otherwise.
9. System Abuse
If we find, or suspect, that you have: engaged in or attempted to engage in ‘spamming’ (the unsolicited emailing for business or other purposes), sent or attempted to send, created or attempted to create, or replied or attempted to reply to so-called ‘mailbombs’ (the sending of multiple or large electronic files or messages with malicious intent or the e-mailing of copies of a single message to many users), or hacked or attempted to hack into any systems or servers run by the Company or undertaken any other activity which may adversely effect either the operation of the Sites or another person’s enjoyment of the Sites, we will immediately remove you from the system and your subscription will be cancelled. You will have no right to any refund in these circumstances and the Company reserves the right to report the matter to the relevant authorities.
10. Indemnity
You agree to indemnity and keep indemnified the Company and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims loss damage or liability (whether criminal or civil) suffered and fees and costs incurred, including reasonable legal fees, resulting from any act neglect or default or breach by you or any person who may be authorised by you or for whom you are responsible (for example as employer) of any of these Terms of Use and/or from your placement or transmission of any content onto the Company's servers, and/or from any and all use of your account.
11. Jurisdiction
11.1 The purpose of the Sites is to provide entertainment and to promote the Company’s other services available in the United Kingdom. The Sites are controlled and operated by the Company from its offices within the United Kingdom and Australia
11.2 These Terms of Use shall be governed by and construed in accordance with English law.
11.3 If any dispute or difference arises out of or in connection with these Terms of Use the parties shall with the assistance of the Centre for Dispute Resolution (CEDR) seek to resolve the dispute or difference amicably by using an alternative dispute resolution (ADR) procedure acceptable to both parties before pursuing any other remedies available to them.
11.4 If any dispute or difference is not settled by means of ADR you irrevocably submit to the exclusive jurisdiction of the English courts.
11.5 If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
12. The Company cannot accept any liability if matches the game is based on are cancelled or postponed due to reasons outside our control. Where matches are rearranged points will be allocated to teams as per the date when the match is actually played.
13. The use of the terms PGA Tour, European Tour, or Ryder Cup and players names on the Site and within the Game is purely to describe the nature of the content and Game being provided in this Site. No official or commercial association with the PGA Tour, European Tour or Ryder Cup organising committee is implied or intended.